Charlotte Criminal Lawyer Blog
Felon Firearms Possession Charges
The U.S. Constitution allows citizens to own firearms. However, if someone is convicted of a felony, they lose some of their constitutional rights. A felon is not allowed to own a firearm or to have one in their possession. If you are found to have a gun and are a felon, you could face serious felony firearms charges. If convicted of these charges, you could face a number of penalties, including the possibility of jail time.
Definition of Firearm
North Carolina law defines a firearm as “a handgun, shotgun, or rifle which expels a projectile by action of an explosion.” The term firearm encompasses any and all types of guns, including those that fire one bullet at a time as well as those that can fire multiple rounds. Federal and state firearm laws apply to anyone who owns or possesses a firearm. Ammunition includes bullets or casings as well as powder that is designed to propel a bullet.
A Felon Cannot Own a Firearm
According to both federal and state laws, a convicted felon cannot legally own or possess a firearm. North Carolina law specifically states, “it shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction.” It is important to note that the law does not apply to an antique firearm.
A person may be charged with illegal firearm possession even if they do not personally own the gun. Constructive possession applies when you are in close proximity to a gun and may be able to use it, even if you do not own the weapon. For example, if you are sitting in a vehicle near a gun, or are in a home where there is a firearm, you could be charged with being a felon in possession of a firearm.
Penalties for Felony Firearms Charges
A felon who is found to own or possess a firearm may be charged with unlawful possession of a firearm. The charge may be a federal or state crime. If convicted, the penalties could be substantial since this is a felony. If found guilty, you could face up to 10 years in prison along with fines of up to $250,000. If there are aggravating factors, you could face a mandatory 15-year prison sentence. Aggravating factors may include serious drug convictions or repeat convictions of violent felonies, among others.
Defending Felony Firearms Charges
Firearms possession by a felon is a charge that you will want to take seriously, as it can have a negative impact on your life for many years. An experienced criminal defense attorney will help you vigorously defend the charges. First and foremost, you may need to challenge a possible illegal search and seizure. If found to be done illegally, the evidence must be suppressed. You may also be able to challenge possession. If you were not actually in possession of or were unaware of the firearm, the charges may not be accurate.
Your attorney will review the details of your case to determine the best way to defend the charges. In some cases, it may be possible to restore your right to own firearms after a waiting period, typically 20 years. Those who are violent felons may not be allowed to restore their right to own a firearm.
Contact Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-409.39.html
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-415.1.html
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https://www.freeimages.com/photo/air-soft-gun-1-1500175
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